On Monday, Apple filed an Ex parte application for discovery against Motorola Mobility (‘Motorola’) to defend against the Google subsidiary’s patent claims in Germany. Motorola’s claims allege that Apple’s iPhone and iPad wireless devices infringe two of the company’s European patents.

One central Apple legal defense to Motorola’s European patent claims is that the telecommunications hardware maker would not offer it fair, reasonable, and non-discriminatory (‘FRAND’) licensing terms over the wireless patents in dispute, “in violation of German and European antitrust laws.”

The relief sought by Apple under 28 U.S. § 1782 is commonly used when parties litigating abroad can assist foreign courts with relevant information in dispute, the request is reasonable and narrowly tailored, no foreign prohibition exists against the request, and no foreign prohibition exists against the request.

Illinois law dean and professor Vikram David Amar comments on the Supreme Court’s recent decision in Franchise Tax Board v. Hyatt and what it says about stare decisis, the notion that prior Court rulings are entitled to respect in the Court today.